A Greenville developer who owns $200 million worth of real estate in the Carolinas is facing a civil lawsuit in which he is accused of rape.

Marcus Sewell McCall, the principal owner and managing member of McCall Capital LLC, also is facing a criminal charge in connection with the encounter. He was charged with criminal sexual conduct in the first degree on Nov. 28, 2017.

On Nov. 7 of this year, Tracey P. Herlong filed civil court papers accusing McCall of rape. Court papers allege that McCall gave Herlong a "date rape" drug in order to carry out the sexual assault.

A criminal charge is pending and a trial date has not been set, according to Greenville County court records.

Ryan Beasley, a Greenville attorney who represents McCall along with lawyers Beattie Ashmore and Wally Fayssoux, said McCall "adamantly" maintains his innocence.

"Since they’ve decided to file a civil suit, we now have the power to take thorough depositions of all witnesses and conduct full discovery on each allegation that’s been made by the Plaintiff," Beasley, who also represents McCall in the criminal case, said in an email. "The truth will prevail."

The Greenville News does not usually name victims of an alleged sexual assault. In this case, Herlong has filed her civil lawsuit, a public record, under her name and not as a Jane Doe.

According to a statement from the Greenville County Sheriff's Office, McCall intentionally gave a woman a "date rape" drug without her knowledge between Oct. 8, 2017, and Oct. 11, 2017. Deputies said that McCall offered the woman a glass of wine before she became disoriented and went in and out of consciousness. McCall then engaged in sexual intercourse with her, the Sheriff's Office alleged.

In her civil case, Herlong is seeking a jury trial to to be awarded actual, punitive and exemplary damages. She is represented by the Greenville-based Bannister, Wyatt and Stalvey law firm.

McCall's company, McCall Capital, has developed or acquired 230 apartment units throughout the Carolinas that are valued at about $200 million, according to the company's website. The Enclave properties in Greenville and Blythewood are a part of the McCall Capital portfolio.

The lawsuit does not indicate how McCall and Herlong knew each other, other than that on Sept. 9, 2017, McCall saw Herlong and asked for her phone number.

The criminal case was transferred out of the 13th Circuit Solicitor's Office to be handled by prosecutors with the 5th Judicial Circuit due to a conflict, according to Marcia Barker, a spokeswoman for the 13th Circuit. Barker declined to reveal the nature of the conflict.

The case was then transferred from Richland County to Aiken County in the 2nd Judicial Circuit, Barker said. Second Circuit Assistant Solicitor Ashley Hammack said in an email that the case was still being prosecuted and declined to comment further.

A Sheriff's Office incident report obtained through a Freedom of Information Act request states that McCall and Herlong "ran into" each other at a grocery store Sept. 9 and exchanged phone numbers.

The lawsuit against McCall details a timeline of events including a few meet-ups to eat.

After one dinner, near his townhouse in a gated community, they went to see McCall's home, according to the lawsuit. McCall said he needed her opinion on some new decorations, according to the suit.

Once there, McCall offered Herlong a glass of wine from an opened bottle in his refrigerator. McCall did not drink from the same bottle, according to the suit. After the drink, Herlong felt strange and began to slur her words, according to the suit. She stumbled in a bathroom, fell and hit her head. She ultimately lost consciousness, according to the suit. That's when McCall "engaged in non-consensual sexual intercourse" with Herlong, according to the suit.

The lawsuit claims Herlong later woke up naked in McCall's bed and felt disoriented. Her dress had been ripped, and it appeared that it had been washed, according to the suit.

Herlong did not work the next day after feeling abnormally lethargic. She noticed scrapes, cuts and bruises on her body and head, according to the lawsuit.

After determining that McCall allegedly had intercourse with her, Herlong tried to reach him to make sense of what happened. According to the suit, he did not want to see her again and cut off communication with her.

Investigators spoke with McCall after Herlong made the initial report, according to the Sheriff's Office incident report. When questioned, McCall told investigators "he could not believe this was happening," the report states.

McCall's account states that Herlong "became drunk" and said she needed to take a bath while in McCall's home. McCall told investigators that Herlong fell face first into the tub, and McCall helped her up before she took a shower, the investigators' report states.

When Herlong got out of the shower, McCall told investigators, she laid down in his bed. The next morning she became "frisky" and they had consensual sex, McCall told investigators.

The report also states McCall consented to schedule a polygraph test but the results from that test were not included in the report.

Herlong contacted a physician on Oct. 12, 2017, but the time frame for effectively administering a rape kit had passed, according to the suit. On Nov. 1, 2017, Herlong provided a hair strand sample that tested positive for gamma hydroxybutyrate, according to the lawsuit.

Gamma hydroxybutyrate, or GHB, is considered a date-rape drug that can cause unconsciousness at high doses, according to the Centers for Disease Control and Prevention. The drug does not last in someone's system for long, and can only be detected in blood or urine after a short period, but studies show that the presence of the drug is found in hair samples one month after ingestion, according to the National Center for Biotechnology Information.

Herlong has been "gripped" with fear and anxiety and has needed counseling since the incident, she said in a written statement that was read before a judge during a hearing for the criminal case on Aug. 23.

"My sense of safety is forever marred (not just with me but anyone)," she wrote in the statement provided by the Bannister Wyatt & Stalvey law firm to The Greenville News. "It is impossible to cultivate happiness in one's life until they feel safe first. I am paralyzed with fear because of what he did to me and that leaves no room for happiness."